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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

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Old 08-13-2007, 05:20 PM     #1
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Default Renter moves out prior to eviction court date

if my tenant abandons the rental property and moves out (breaking the lease by not paying the rent) before the court date for eviction, should i cancel the eviction court date? can i do this?

should i then file for the non payment of the rent that is due through the end of the lease?
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Old 08-13-2007, 11:50 PM     #2
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Default Re: Renter moves out prior to eviction court date

(Did they return the keys to you?) Do not cancel the court date. Show up in court on that date and merely tell the judge that they either A) returned the keys to you on XX/XX/XX date or B) have abandoned the unit without returning the keys. The eviction will be ordered and possession returned to you if they didn't give your the keys. If they did return the keys, you don't get a refund if you cancel anyways, so you might as well have the judge hear it. He will just rule that you got poseession when you got the keys. Either way, this still will go on their court record as an eviction case filed against them. You want other LL s to be able to see that they do not uphold their contracts.

You can then proceed to the monetary section of the eviction and ask for a judgement for any money they owe you. Get the place cleaned up and re-rented as soon as possible, keeping in mind that you still have to send them an itemized accounting of what you kept the deposit for within your state's time limit. When you have done this, you can total all the monies owed (damages beyond the deposit, unpaid rent until it was re-rented, advertising costs, any utilities you are charged with that would have been their responsibility to pay, attorney fees if any, or any other fees/money that you have to pay because of their default -which could include credit check fees for a new tenant if you pay them, travel expenses to go to the unit to repair or show it, etc.) Total all of the monies they owe you and file for the total of them. Good luck collecting them.
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